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R v Momodou & Limani, February 2005
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Witness training needs regulation
2 February 2005
 
The directors of InPractice Training have once again called on the government for national guidance on witness training in order to safeguard the legal process.

Following a judgment at The Court of Appeal today (Wednesday) on convictions relating to the Yarl's Wood Immigration Detention Centre disturbance, the issue of witness training is under the spotlight again.

Both the original trial judge and the three appeal judges were severely critical of the witness training given to Group 4 employees. It was conducted by a company called Bond Solon, a sister company of Central Law Training.

InPractice, which had their witness familiarisation programmes approved by a Crown Court judge last year, believe it is now more important than ever, for there to be national guidelines applied to the provision of witness familiarisation programmes.

Joanne Haswell, qualified Barrister, at InPractice stated: "The Court of Appeal has given clear guidance as to what is and what is not acceptable when providing witness familiarisation courses. However, with no regulation in this field it is left to the courts in individual cases to decide whether witnesses have been coached. As in the Momodou case this led to the evidence of many witnesses being discarded and the case against one of the people originally accused being dropped altogether. Such a process is not in the interests of justice and wastes court time and money"
  "The positive news to come from this judgment is that three of the most respected judges in the country have recognised witness familiarisation has a part to play in our legal system. That is to say it has a part to play when it is conducted professionally and ethically."

Kate Hill, Solicitor, continued: "It is right and proper that witness familiarisation has been accepted by the legal system in this country. It has a positive part to play in providing support to people who are faced with the ordeal of presenting evidence in court. However we, by we I mean all of the organisations that provide this support, must make sure that it is carried out in a precise and accountable manner to safeguard the evidence of witnesses."

The unanimous judgment was passed today by three Court of Appeal judges - Lord Justice Judge (Deputy Chief Justice of England and Wales) Mrs Justice Dobbs and Sir Michael Wright.

For further information contact:

Tom Cassidy or Lois Baillie:
020 7397 8460 or...
Tom Cassidy: 07771 855028
Lois Baillie: 07803 204119
 
Witness Training for health professionals
should be part of CPD
2 February 2005
 
Following a ruling at the Court of Appeal today (Wednesday), which severely criticised inappropriate witness training for criminal trials, the directors of InPractice Training appealed to the health care sector to include witness familiarisation as part of ongoing training.

The ruling, concerning the convictions relating to the Yarl's Wood Immigration Detention Centre disturbance in 2002, made a clear distinction between witness familiarisation and witness training. The training in this case was provided by Bond Solon a sister company of Central Law Training.

InPractice, which had their witness familiarisation programmes approved by a trial judge last year, believe it is now more important than ever, for the healthcare industry to include witness familiarisation as part of ongoing training in order to avoid accusations of training for particular court appearances.



Joanne Haswell, qualified Barrister stated: "Healthcare professionals are being called to give evidence in criminal proceedings more and more frequently. The healthcare sector must make sure that staff are familiar with court proceedings as part of their ongoing professional development rather than preparing them before a trial and risking their evidence being discredited. Although InPractice is confident that its pre-trial training is appropriate other training organisations have been found to be less than scrupulous"
  Kate Hill, Solicitor, continued: "Witness familiarisation provides support to staff when they are feeling vulnerable and frightened by the prospect of giving evidence in court. Including evidence presentation skills as part of ongoing training removes the risk of being accused of training witnesses for specific trials and is increasingly necessary in the current litigious climate surrounding health professionals."

For further information contact:

Tom Cassidy or Lois Baillie:
020 7397 8460 or...
Tom Cassidy: 07771 855028
Lois Baillie: 07803 204119

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